Sex Offender Under House Arrest Will Finish Term In Jail

Lucky did not have the right to decide whether probation officers could come into his house, the judge said.

A former high school teacher convicted of having sex with two students will serve 90 days in jail for violating the terms of his house arrest by refusing to allow a probation officer into his house.

Circuit Judge Edward Garrison on Monday ruled that Thomas Lucky, 31, of Jupiter, violated his house arrest conditions and should serve the rest of his term in the Palm Beach County jail. Lucky's house arrest was scheduled to end in April. Lucky must also serve 10 years on probation following the jail term.

Lucky, a former teacher and coach at Dwyer High School in Palm Beach Gardens, did not have the right to decide whether probation officers could come into his house, the judge said.

"Your house was your jail cell for 18 months," Garrison said.

Assistant State Attorney Scott Cupp said Lucky knew of the probation condition and had allowed another probation officer into his house, but refused in June because he thought there might be a problem.

Lucky had a 16-year-old niece visiting him, and he did not realize that was acceptable under the probation terms as long as her parents knew of his convictions, Cupp said. Because Lucky pleaded guilty to having sex with minors, he cannot associate with anyone under 18 unless their legal guardian is aware of his convictions.

Allowing probation officers access to his house was a condition because Lucky had sex with a 14-year-old student at his house, Cupp said.

Lucky's attorney Jack Orsley said his client refused because there was a lot of commotion at the time with his 2-year-old son screaming and his dog barking.

Orsley said after the hearing he did not expect the judge's sentence of three months in jail. "I think it was a bit harsh," Orsley said.